HB68 Alabama 2019 Session

Summary

Primary Sponsor

Jim CarnsRepresentative

Republican

Session

Regular Session 2019

Title

Civil procedure, Asbestos Trust Claims Transparency Act, disclosure of all viable asbestos trust claims required, Secs. 6-5-690 to 6-5-696 added.

Summary

The bill would require asbestos plaintiffs to disclose and file all available trust claims and related materials before trial to improve transparency.

What This Bill Does

If enacted, it requires plaintiffs in asbestos cases to file every available asbestos trust claim and share all trust claim materials within 30 days of filing, with ongoing updates as they occur. It also lets defendants ask the court to require filing of additional trust claims, may trigger a stay of the case until those claims are filed, and allows discovery of trust materials and governance documents. The bill lets defendants seek setoffs against damages for payments already received or to be received from trusts, and it sets out how that setoff is shared among multiple defendants.

Who It Affects

• Asbestos action plaintiffs in Alabama: must file all available trust claims and provide trust materials within 30 days of filing, plus ongoing supplementation.
• Defendants in asbestos actions (and their lawyers/insurers): can require filing of additional trust claims, may obtain discovery from trusts and use setoffs against damages.

Key Provisions

• Creates the Asbestos Trust Claims Transparency Act and defines key terms (asbestos action, asbestos trust, trust claim materials, trust governance documents).
• Within 30 days after filing, plaintiff must file all available asbestos trust claims and provide a sworn statement that all possible claims have been filed, plus all trust claim materials from the plaintiff and related law firms.
• Plaintiff must supplement disclosures within 30 days of any new information or additional trust claims.
• Not less than 60 days before trial, defendant may move for an order for the plaintiff to file additional trust claims; court can stay the action until claims are filed and materials are produced, with a stay lasting at least 60 days after compliance.
• Trust claim materials and governance documents are admissible and presumed relevant in discovery; defendants may obtain discovery from the trusts; claims of privilege do not apply to trust materials.
• Damages awarded in an asbestos action allow the defendant a setoff for amounts the plaintiff received from an asbestos trust; setoff is distributed proportionally among liable defendants.
• Effective date: the act becomes law on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure